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Australian Education Regulations 2023
In force
Administered by
Department of Education
This item is authorised by the following title:
Australian Education Act 2013
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F2023C00719 (C01)
04 August 2023
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Part 1—Preliminary
Division 1—Preliminary
1 Name
2 Commencement
3 Authority
3A Schedule 4
4 Definitions
5 Meanings of census day and census reference period
Division 2—Interpretation
Subdivision A—Overseas students
6 Overseas students
Subdivision B—SRS indexation factor
6A SRS indexation factor
Subdivision C—Levels of education
7 Levels of education that constitute primary and secondary education for schools other than special schools
9 Levels of education that constitute primary education and secondary education for special schools
Subdivision D—Census day enrolment
9A Government schools
9B Non government schools
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Part 2—Grants of financial assistance to States and Territories
10A Starting State Territory shares
11 Condition of financial assistance—recovering amounts
12 Pro rating of recurrent funding
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Part 3—Recurrent funding for schools
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Division 1—Matters related to the funding formula
14 ARIA index value
16 Definition of Aboriginal and Torres Strait Islander student
16AA Base amounts for schools
17 Disability loading—disability loading percentages
17A Disability loading—levels of adjustment
18 Other loadings
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Division 2—Commonwealth share for non government schools for transition years for the schools
19 Transition years for non government schools
19A Commonwealth share for non government schools worked out using the notional starting share for 2019
19B Commonwealth share for non government schools worked out using the notional starting share for 2020
19C Commonwealth share for non government schools worked out using the notional starting share for 2021
19D Commonwealth share for new non government schools
19E Notional starting share for non government schools
19F CTC adjusted SRS amount
19G Notional funding amount
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Division 3—CTC score
21 CTC score
22 Average DMI score
23 Refined area based score
24 SES score
24AAA Publication of CTC score if determined other than in accordance with this instrument
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Part 4—Capital and other funding
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Division 1—Capital funding
24AA Base assistance amount
24A Indexation percentage
24B Indexes of building prices and wage costs
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Division 2—Special circumstances funding
25 Special circumstances funding
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Division 3—Funding in prescribed circumstances
25A Funding in prescribed circumstances
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Division 4—Funding for non government representative bodies
25B Funding for non government representative bodies
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Part 5—Approved authorities and bodies
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Division 1—Basic requirements for authorities and bodies
26 Not for profit requirement
27 Financial viability requirement
28 Fit and proper person requirement
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Division 2—Ongoing policy and funding requirements for authorities and bodies
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Subdivision A—Spending, or committing to spend, financial assistance
29 Approved authorities
30 Block grant authorities
31 Non government representative bodies
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Subdivision B—Monitoring compliance of authorities and bodies
32 Application of this Subdivision
33 Minister may appoint authorised persons
34 Certificate to be given to Secretary
35 Requirement relating to financial assistance and financial operations—government schools
36 Requirement relating to financial assistance and financial operations—non government schools
37 Requirement to keep records
38 Requirement for authorities or bodies for non government schools to prepare and audit financial statements
39 Requirements for access to records and premises
39A Requirement to provide information and records
40 Requirement to keep Minister informed
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Division 3—Ongoing policy requirements for approved authorities
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Subdivision A—Implementing a curriculum
42 Implementing a curriculum
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Subdivision B—National assessment program
43 Student assessments
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Subdivision C—Information relating to a school’s census
46 Providing information about a school’s census
47 Government schools—information about the schools
48 Government schools—information about students
49 Non government schools—information about the school
50 Non government schools—information about students
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Subdivision D—Information for the purposes of a national program to collect data on schools and school education
52 Information for the purposes of a national program to collect data on schools and school education
53 Required information—performance measures
54 Form of information—performance measures
55 Required information—general information
56 Required information—information about a school’s students
57 Required information—secondary schools and combined schools
58 Form of information—information required under sections 55 to 57
58A Required information—students with disability
58B Required information—information about students at certain schools
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Subdivision E—Reports to persons responsible for students at a school
59 Student reports
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Subdivision F—Making information publicly available annually
60 Making information publicly available annually
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Division 4—Ongoing policy requirements for block grant authorities and non government representative bodies
62 Information to the public about financial assistance
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Division 5—Former approved authorities and bodies
62A Continuing requirements
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Part 6—Actions Minister may take for failure to comply with the Act or this instrument, and to require amounts to be repaid
63 Limits on recovery of overpayments, recoverable payments and other unpaid amounts
64 Recovering capital funding when a school ceases to provide education
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Part 7—Miscellaneous
65 Using or disclosing school education information
66 Giving notice to persons of proposed decisions
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Part 8—Application and transitional provisions
67 Application of this instrument etc.
68 Things done under the 2013 regulations
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Schedule 1—Funding in prescribed circumstances
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Part 1—Additional support for Northern Territory government schools
1 Circumstances
2 Amounts payable
3 Purpose for which funding is spent or committed to be spent
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Part 2—Additional financial assistance and adjustment funding for non government schools
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Division 1—Additional financial assistance for low growth non government schools for 2018
4 Circumstances
5 Amounts payable
6 Purpose for which funding is spent or committed to be spent
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Division 2—Adjustment funding for low growth non government schools for 2019
7 Circumstances
8 Total amount payable
9 Matters that Minister may have regard to
10 Purpose for which funding is spent or committed to be spent
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Part 3—Adjustment assistance for ACT non government schools
11 Circumstances
12 Amounts payable
13 Purpose for which funding is spent or committed to be spent
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Part 4—Additional financial assistance for system weighted average SES schools for 2018
14 Circumstances
15 Amounts payable
16 Purpose for which funding is spent or committed to be spent
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Part 5—Financial assistance certainty for non government schools
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Division 1—Additional financial assistance for non government schools of approved system authorities (system weighted benefit) for 2019
17 Circumstances
18 Total amount payable
19 Purpose for which funding is spent or committed to be spent
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Division 2—Additional financial assistance for non government schools (2016 census data arrangements) for 2019
20 Circumstances
21 Total amount payable
22 Purpose for which funding is spent or committed to be spent
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Part 6—Local Schools Community Fund
23 Circumstances
24 Total amount payable
25 Purpose for which funding is spent or committed to be spent
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Part 7—Schools Upgrade Fund
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Division 1—Targeted Round School Upgrades
30 Circumstances
31 Total amount payable
32 Ongoing funding requirements
33 Providing information about financial assistance under this Division
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Division 2—Open Round School Upgrades
34 Circumstances
35 Total amount payable
36 Ongoing funding requirements
37 Providing information about financial assistance under this Division
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Part 8—Adjustment funding for highly disadvantaged independent school students
38 Circumstances
39 Amounts payable
40 Purpose for which funding is spent or committed to be spent
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Schedule 2—Per student amounts for 2017 for certain schools
1 Per student amounts for 2017 for certain schools
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Schedule 3—Adjustment funding for highly disadvantaged independent school students
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1 Schools and base adjustment amounts
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Schedule 4—Repeals
Australian Education Regulation 2013
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes